United States v. Johnny Brown

OPINION

FISHER, Circuit Judge:

After a five-day trial, a federal jury convicted Johnny Brown of 14 counts of wire, fraud, making false statements to a financial institution and tax evasion. While the jury was deliberating, one of the jurors became ill and asked' to be excused. Brown requested that the district court seat an alternate juror rather than proceed with 11 jurors. The court denied Brown’s request, excused the juror and directed the 11-person jury to continue its deliberations, citing Federal Rule of Criminal Procedure 23(b)(3). Later that day, the jury returned a guilty verdict.

Brown…